LGBTQ Families

LGBTQ families live in every community in every state. According to the Williams Institute, there are over 6 million children and adults in the US who have same-sex parents. Currently, 220,000 children are being raised by same-sex parents, and these children live in 96% of US counties. Although some people may still feel biased toward these families, decades of research shows us that these children grow up to be just as happy, healthy, and well-adjusted as their peers.

In 2015, same-sex marriage became legal in every state. This was a landmark victory for LGBTQ people, who now share the same freedom as other Americans have, to marry the person they know in their heart is right for them.

But people in LGBTQ families need support and acceptance beyond just having the freedom to marry who they love. Some policy changes that would improve the lives of LGBTQ Utahns and their families include the following:

Marriage Equality in the US: Obergefell v. Hodges

On June 26, 2015, the Supreme Court ruled that the US constitution requires states to recognize same-sex marriages and allow them to be performed. Although a 2014 ruling, called Obergefell v. Hodges, made marriage equality legal across the country, it took over a year to enact the law, even though a majority of Americans supported same-sex marriage before that decision. In 2014 alone, judicial systems in various states heard 80 marriage equality cases.

Legalizing marriage equality on a national level ensures that LGBTQ couples will have the same rights as any other couple would. Marriage equality laws also protect same-sex couples so that they can receive tax benefits, make important health care decisions for their spouses, and have property and inheritance rights. They also allow LGBTQ couples to gain access to important, life-changing benefits like veteran’s spousal benefits and Social Security.

On October 6, 2014, the US Supreme Court refused to hear an appeal on a 2013 case that had found Utah’s same-sex marriage ban unconstitutional. This prompted the Tenth Circuit Court of Appeals to order Utah to recognize and allow same-sex marriages again. same-sex marriage became legal in Utah during the brief window that started with the case’s decision, on December 20, 2013, and lasted for 17 days. Once the appeal had been refused, Sherrie Swensen, the Salt Lake County clerk, started performing same-sex marriages immediately, around noon on October 6, 2014, and same-sex couples were allowed to start getting married again. Governor Gary Herbert responded immediately in a press conference, saying that he would respect the law and had ordered Utah’s county clerks to do the same.

On May 19, 2014, the court ruled in favor of LGBTQ couples in Evans v. Utah, a case in which the ACLU of Utah had asked the state to recognize the marriages of over 1,000 LGBTQ couples that had been married in Utah during the window between December 2013 and January 2014.

Achieving marriage equality un Utah has been an amazing victory for our LGBTQ community and their families and allies. At Equality Utah, we’re thrilled that love is now the law here. We’re also ready to advocate for further policy changes that would ensure that LGBTQ-led families can live richer lives in Utah’s communities.

Adoption for LGBTQ Couples in Utah

On October 23, 2014, the Supreme Court lifted the stay that had prevented same-sex parents from adopting their non-biological children. Before this decision, many LGBTQ families lived in constant fear that their children could be taken away from them at any moment.

However, because marriage equality is now a constitutional right, Utah children are no longer wrongly separated from their LGBTQ parent if their biological parent dies or if their parents get divorced.

Also, Utah children with LGBTQ parents are now guaranteed access to important benefits and services. They can no longer be denied basic government and safety net programs simply because their parents don’t meet a particular state’s legal definition of what a family should include. For example, they can now be covered under their parents’ health insurance plans; receive quality childcare and early childhood education programs; and access Social Security Survivor benefits, inheritance, and more.

Additionally, LGBTQ parents are now able to foster children and adopt them. At Equality Utah, we celebrate these successes and are dedicated to continuing to advocate for LGBTQ families’ rights in Utah.

Seeking to Ban So-Called “Conversion Therapy”

The practice called “conversion therapy” is when someone tries to change an LGBTQ person’s sexual orientation or gender identity. Putting an end to its use would be a monumental policy change that will help protect LGBTQ youth and families in Utah.

Studies have shown that this practice is ineffective and harmful. As a result, every large medical and mental health association has spoken out against it because there’s no evidence that “conversion therapy” creates any positive health outcomes.

According to the American Psychological Association, "conversion therapy" is dangerous because it can exacerbate distress and depression and cause negative self-image. Also, the Human Rights Campaign notes that “minors are especially vulnerable, and conversion therapy can lead to depression, anxiety, drug use, homelessness, and suicide.” In fact, in 2015, the White House recommended that conversion therapy be banned for minors.

Currently, 11 states and the District of Columbia have already made conversion therapy illegal for state-licensed mental health providers to subject minors to, including California, Connecticut, Illinois, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, and Washington. We are happy that these states have publicly and legally recognize how harmful the practice of “conversion therapy” is, especially on children and teens.

However, so-called “conversion therapy” is still being practiced in Utah County and Salt Lake County. Several advocacy organizations, including Equality Utah, have filed complaints with the Federal Trade Commission, explaining that so-called “conversion therapy” harms LGBTQ Utahns and their families by using misleading and deceptive claims to encourage them to pay for services that are actually harmful to their patients instead.

In Utah, many LGBTQ youth already report that they feel unsupported by their local communities, and decades of research show that rejection and social biases can harm their mental and emotional health. As a result, continuing to allow so-called “conversion therapy” to be practiced in Utah may be the strongest symbol of LGBTQ prejudice within the state. Ultimately, then, efforts to resist banning this harmful practice tell LGBTQ people in Utah that they aren’t considered normal or deserving of the same rights and protections as other Utahns.

Please join Equality Utah in our continuing efforts to end the use of this abusive practice in Utah. By doing so, together we can help to create a more fair and just Utah for all of its residents, a community where everyone can enjoy the mutual respect between individuals that results as we each accept others for who they are.

Additional Resources for LGBTQ-Led Families

In addition to the information available here, on EqualityUtah.org, here are several other great articles on topics related to LGBTQ families. Check out what their authors have to say to learn how you can also help ensure that every family in Utah is being equally protected: